Kanhaiya Lal Gautam v. State ( Govt Of NCT Of Delhi) & ANR

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 566/2016 KANHAIYA LAL GAUTAM ..... Petitioner Through:

Mr Vijay Kinger, Adv. alongwith petitioner in person versus STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondent Through:

Ms Neelam Sharma, Additional Public Prosecutor for the State alongwith Sub Inspector Shri Gopal Police Station Shakarpur, Delhi Mr Rajeev Kumar, Adv. for R2 alongwith respondent no.2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 10.02.2016 Crl. MA 2363/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL. MC 566/2016 This is a petition under Section 482 Cr.P.C. moved by the petitioner for quashing of FIR No.387/2013 registered at Police Station Shakarpur, Delhi under Sections 354A/354B/506/509/323 IPC and the consequent proceedings arsing therefreom on the ground that the parties have settled all their disputes. It is submitted by counsel for the petitioner that the petitioner is the landlord of the premises which have been let out to the respondent no.2 / complainant. Various litigations were pending between the parties against each other which have been amicable settled before the Mediation Centre, Karkardooma Courts, Delhi pursuant to which the respondent no.2 / complainant has agreed to pay a total sum of Rs.1,50,000/- towards arrears of rent, out of which Rs.50,000/- has already been paid and the balance amount of Rs.1 lac will be paid in two equal instalments of Rs.50,000/- each. The respondent No.2/complainant is present in person (duly identified by the

Investigating Officer and her counsel) and submits that she has amicably resolved all disputes with the petitioner voluntarily without there being any threat, coercion or pressure of any sort and in view of the settlement arrived at between the parties, she does not want any action against the petitioner and does not have any objection to quashing of the instant FIR. She undertakes to pay the balance amount of Rs. 1 lac to the petitioner in two instalments as per settlement.

Ms Neelam Sharma, Additional Public Prosecutor for the State submits that in view of the settlement arrived at between the parties, she has no objection to quashing of FIR.

Keeping in view the facts that the parties have compromised the matter with each other amicably, no useful purpose would be served by continuing the criminal proceedings against the petitioner, which will only be an exercise in futility and wastage of precious time of the Court.

Accordingly, the petition is allowed and the FIR No.387/2013 registered at Police Station Shakarpur, Delhi under Sections 354A/354B/506/509/323 IPC and consequent proceedings emanating therefrom are hereby quashed. The petition stands disposed of accordingly.

SUNITA GUPTA, J FEBRUARY 10, 2016/rd